When probate may be issued by Registrar
17 When probate may be issued by Registrar
(1) Subject to the provisions of this section, probate or administration may, upon application to the Registrar, supported by affidavits upon which for the time being the Court would, in the opinion of the Registrar, grant the probate or administration, be issued by the Registrar as of course in the name and under the seal of the Court, and every such probate or administration shall be deemed to have been granted by the Court.
(2) The Registrar shall not, without an order of the Court, issue probate of the will, or administration of the estate, of a deceased person:
in any case where a caveat has been lodged;
(b) in any case where there is no direct evidence of the death of the person but only evidence supporting a presumption of the death of the person; or
(c) in any case in which it appears to the Registrar to be doubtful whether the probate or administration should be granted.
(3) Whenever the Court makes an order for the grant of probate or administration, the probate or administration shall be issued by the Registrar in the name and under the seal of the Court.
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